Res P-18-11RESOLUTION NO. P-18-11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING
CONDITIONS PRESENT AT 12805 BEELER CREEK TRAIL,
POWAY, CALIFORNIA TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
WHEREAS, inspections of the premises at 12805 Beeler Creek Trail, Poway, California,
with Assessor Parcel Number 316-070-34 ("Property') have been repeatedly conducted by City
of Poway ("City') personnel;
WHEREAS, said inspections reveal violations of the Poway Municipal Code (PMC) exist
on the Property;
WHEREAS, specifically, City personnel have observed violations of Sections 16.58.020,
16.58.030, and 16.88.060 of the PMC by allowing or maintaining any unpermitted fill, new
construction, substantial improvements, and other development that encroaches into a
floodway;
WHEREAS, City personnel have also observed violations of Section 15.04.010 of the
PMC by maintaining unpermitted improvements in the Property's garage and workshop;
WHEREAS, the City has made multiple efforts to obtain voluntary compliance from the
Property owners, including by issuing courtesy notices dated August 13, 2013 and August 29,
2013, issuing a Notice and Order to Abate Nuisance on January 9, 2015, issuing additional
violation notices on October 10, 2013, January 8, 2014, September 11, 2014, February 25,
2015, July 8, 2015, December 28, 2015, and March 22, 2017, issuing administrative citations on
February 6, 2015, March 24, 2015, April 13, 2015, and May 28, 2015, and finally by way of a
letter from the City Attorney's Office dated February 27, 2018 demanding compliance.
WHEREAS, the Property owner has been non-responsive to the City's efforts to
informally resolve this matter;
WHEREAS, Section 8.72.020 of the PMC defines nuisances as follows:
A "nuisance" includes but is not limited to the violation of any ordinance,
resolution, regulation or policy adopted by the City Council, as defined
within any such ordinance, resolution, regulation or policy, or any
condition within the City found to be a potential threat to the general
health, safety and welfare of the public.
WHEREAS, California Civil Code Section 3480 provides that "[a] public nuisance is one
which affects at the same time an entire community or neighborhood, or any considerable
number of persons, although the extent of the annoyance or damage inflicted upon individuals
may be unequal,"
WHEREAS, California Health & Safety Code Section 17980.10 provides that upon the
City Council adopting a Resolution determining that a property constitutes a public nuisance, the
City acquires jurisdiction to abate any such violation, and
Resolution No. P-18-11
Page 2
WHEREAS, a public hearing was held before the City Council on April 3, 2018, and all
interested parties were provided notice and an opportunity to be heard on the issue of whether
the conditions present at the Property constitute a public nuisance.
NOW, THEREFORE, based on the written documents and oral testimony presented at
the hearing, the City Council of the City of Poway resolves as follows:
Section 1: The forgoing recitals are true and correct and the City Council so finds
and determines.
Section 2: The City Council finds and declares that the encroachment into the
floodway and the unpermitted improvements in the garage and workshop located on the
Property each present a danger to the health, property, safety, and welfare of the public and
therefore constitute a public nuisance as defined in California Civil Code Sections 3480 and the
PMC.
Section 3: The City Council orders the owner of the Property to abate the nuisances
within thirty (30) days by (i) removing both the paint bucket and tarp fence that encroach into the
floodway and (ii) either obtaining the necessary City permits or removing any unpermitted
improvements located in the garage and workshop. Following completion of the aforementioned
corrective work and within the same thirty (30) day period, the owner of the Property shall have
the City inspect the Property to verify compliance.
Section 4: A copy of this resolution of the City Council ordering the abatement of the
nuisance shall be served upon the owners of the Property. The service shall be made both by
registered or certified mail, addressed to the owner at the last known address of the owner and
by posting a copy on the Property. Any owner shall have the right to have the nuisance abated
in accordance with this resolution and at his or her own expense, provided the same is
completed prior to the expiration of the thirty -day abatement.
Section 5: If the nuisance is not completely abated by the owner as directed within
the thirty -day period, the City shall cause the same to be abated by the City personnel or private
contract, and the personnel or persons under contract are expressly authorized to enter upon
the premises for such purposes. The owner of the premises shall be liable to the City for all
costs of the abatement, including administrative costs.
Section 6: In accordance with the provisions of PMC Chapter 8.72, the City Council
directs City staff to maintain an itemized account of all costs incurred by the City in abating the
nuisance, including all administrative and legal costs and expenses. City staff shall submit to
the City Council for confirmation an itemized written report showing the costs. The City Council
may modify the report if it is deemed necessary and shall then confirm the report by motion or
resolution. Pursuant to Government Code Sections 38773 and 38773.5 of the Government
Code, the total cost, fees, and expenses of abatement, including all administrative costs, shall
constitute a lien or a special assessment against that parcel and shall be collected in
accordance with applicable State and City laws.
Resolution No. P-18-11
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 3rd day of April 2018.
Steve Vaus, Mayor
ATTEST:
NancyiP eu eld, CM , City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-18-11 was adopted by the City Council at
a meeting held on the 3rd day of April 2018, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nann� ufe� City Clerk
City of Poway